Identità dei figli tra cognome, status filiationis e diritto di conoscere le proprie origini biologiche

Di Giovanna Savorani -

The essay aims to enlighten emerging issues concerning the identity protection of children in Italy. It moves from two findings rising in recent case law. The first is that the surname is fundamental for the identity of children and it improves their feeling of belonging to the family community. The second is that the adoptive child’s identity has been strengthened by the possibility to request the disclosure of the identity of the biological mother, who chose to remain anonymous at the time of birth. Italian Law no. 76/2016 has not considered similar issues for children born in homosexual families: neither about the surname nor about the disclosure of their biological origins. On the first issue the essay suggests that all children should have a double surname: one surname for each of the natural, adoptive or intentional parents. To guarantee the identity of children the first step is to register in Italy the foreign birth certificate with two mothers or two fathers (no matter if a surrogate mother carried the pregnancy). On the second issue, the essay argues that it is correct to deny access to the identity of gamete donors, while the identity of the surrogate mother might be more relevant. But, in fact, it is the law of the nation where the contract was signed that may – or may not – allow access to this information.